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Business Litigation Archives

What forms of bankruptcy are available to businesses?

When a business is deciding whether to go bankrupt or not, there are usually three chapters of bankruptcy that they would be considering. The first is Chapter 7 bankruptcy, a fairly standard form of bankruptcy whether you are a business or an individual. In Chapter 7, liquidation is the process by which the bankrupt entity fulfills its debts, while also clearing out other debts through discharge. For a business, Chapter 7 usually means the end. It is also a good option for companies that don't have significant assets.

Pet food companies settle contentious lawsuit

Pet food may not be the industry that you would immediately consider when you hear the phrase "business litigation," but for a few years, two rival pet food companies have been locked in a false advertising lawsuit. Nestle Purina, which makes numerous pet food brands, filed a lawsuit against Blue Buffalo, which is a pet food company that says they use natural ingredients in their products. It is central to their ad campaign and packaging.

Movement against non-competes gains steam

As you may have heard, there is a movement by the federal government to roll back non-compete agreements. The White house wants a crackdown on these contracts so that employees have more freedom in their movement if they want to change jobs. This is certainly understandable -- but it also puts a lot of pressure on employers too. Companies want their secrets, work processes, services and products protected, and these non-competes do help them in this regard.

What business structures are available?

Newer businesses and companies are popping up all the time. Some of these businesses are started by people who are brand new to the idea of starting their own business. These entrepreneurs probably have a lot of questions about this new adventure they are starting on, and they will need help.

The many ways a business legal dispute can happen

When it comes to businesses and disputes, the two go hand in hand. This isn't to say that every business is going to have an avalanche of legal disputes at any given time; but it is to say that businesses need to be prepared for legal disputes when they do arise. A company that isn't prepared may be unable to react properly during critical times in the legal process.

On bad faith insurance, and why legal help is critical

Bad faith insurance is a touchy subject for many reasons. It is a complex claim, one that requires the skilled hand of an experienced attorney to ensure that the case is handled properly. But the "touchy" nature of bad faith insurance claims comes from the very nature of insurance itself. People want their insurance to come through when they need it; and insurers don't want to pay out claims that aren't warranted or covered by the policy.

Preserve a partnership with proper agreements

Often, when forming a new partnership in business, the excitement of a new business leads to partners putting off establishing the correct documentation to define the business relationship. As with many relationships, it can be tricky to know when to define things officially in a business partnership. However, the sooner that key responsibilities and outcomes are defined with well-crafted documents, the greater likelihood the partnership has of avoiding uncomfortable and costly problems that may arise down the road.

The closely held corporation, and why it can be beneficial

As most people are aware, businesses can either be public or private in nature. When a company goes public, they open up shares for sale that anyone can purchase. This can be very beneficial to a company's growth and bottom line, but it can also present problems. That's why some companies choose to utilize the "closely held corporation" approach to their company.

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